Gov. proposes parole for juvenile killers

Mandatory life sentences without the possibility of parole would be eliminated for teens younger than 18 who are convicted of first-degree murder, under legislation filed Monday by Gov. Deval Patrick.

Under state law, teens as young as 14 can be tried and convicted as adults for first-degree murder. Conviction on first-degree murder carries an automatic life sentence without parole in Massachusetts.

The bill stems from a U.S. Supreme Court last June that said it was unconstitutional for states to pass laws automatically sentencing juveniles to life in prison without parole. The 5-4 decision came in the robbery and murder cases of two 14-year-old youths in Alabama. Since the ruling, a number of other states have moved to change their laws.

“Every violent felon should be held accountable for their actions, even youth,” Patrick said. “But in sentencing, every felon’s circumstances should be considered, too, and youth itself is a special circumstance.”

The legislation would still allow, under “horrific” circumstances, life sentences without parole for youthful offenders, Patrick said. But the sentence would not be imposed automatically as it for adults convicted of first-degree murder.

Under the bill, judges would have the option to sentence juveniles ages 14 to 18 to life in prison with the possibility of parole after 10 to 25 years, depending on the nature of the crime and other factors, including a teen’s intellectual ability and level of maturity and the likelihood of rehabilitation.

About 60 inmates are serving life sentences without parole in Massachusetts who were under 18 at the time of the crime, including John Odgren of Princeton, who was 16 when he stabbed another student to death at Lincoln-Sudbury Regional High School in 2007.

Last year’s U.S. Supreme Court decision will be part of the appeal that Odgren’s lawyer, Jonathan Shapiro, will file this year with the Massachusetts Supreme Judicial Court

He said Mr. Patrick’s legislation “is a step in the right direction,” but does not go far enough.

The legislation would also raise the age of adult criminal responsibility for most crimes to 18, rather than 17 under law.

State Rep. Eugene O’Flaherty, D-Chelsea, chairman of the House Judiciary Committee, said he supported the change in the juvenile crime age to 18, but took no immediate position on other aspects of the legislation.

Bob Kievra of the Telegram & Gazette staff contributed to this report.